Mediating clinical negligence and personal injury cases – 2022 style
By Paul Balen, Mediator and Director of Trust Mediation Ltd (Estimated reading time: 3 minutes 28 seconds) It’s official! The letter ‘A’ is officially redundant. Claims are now all about Dispute Resolution. As the Master of the Rolls said last year: “Courts are there to assist the parties find a resolution to their dispute and […]
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Eroding confidence – when things go south with ATE insurance
(Estimated reading time: 2 minutes 38 seconds) In the context of ATE insurance and before the trial of the claim, this often will mean the confidence in the insured’s case has been seriously eroded. Unsurprisingly the cause of such erosion can be a number of factors – disclosure may throw up inconvenient evidence, an expert’s […]
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Can we Defend? Yes, we can: Litigation Insurance for Defendants in Commercial Disputes
By David Pipkin, Non-Executive Director (Estimated reading time: 2 minutes 41 seconds) For commercial disputes there is a perception that ATE/litigation insurance is only for claimants – and not for insuring defendants. Here at Temple, whilst the vast majority of our insured are claimants, we are only occasionally asked about insuring defendants. In this article […]
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Practical tips on offers in costs proceedings
By John Ivory, costs lawyer and mediator (Estimated reading time: 4 minutes 17 seconds) As we begin another year, it seems an opportune moment to think about how practitioners can operate to best protect their clients’ interests from a legal costs perspective. With that in mind, here are some pointers which may be worthwhile bearing […]
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Clinical negligence reforms – on the hunt beyond the headlines
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 2 minutes 29 seconds) This is the big one. The one that will have a significant impact on the great work we all do, in whatever capacity we work in… Jeremy Hunt’s mission to reform clinical negligence litigation. I’ve read through the Health and Social Care […]
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Crystal balls? 5 key areas of commercial litigation for 2022
Insolvency ‘tidal waves’ and Twitter storms By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 3 minutes 51 seconds) As in previous years, I’ve looked at some key areas of litigation where we might see some developments and trends in the year ahead. Insolvency I have met with many IPs in recent months. Opinion seems […]
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Fixed costs for lower value clinical negligence claims
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 1 minute 57 seconds) Putting ‘the cards on the table’… I would say that fixed costs can work – but only if they’re set at a reasonable level. If they aren’t, it will be the claimant who suffers. If a light-track case justifies £1,500 costs, most […]
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The ‘Paul’ Case: Clinical Negligence Secondary Victim Case heads for Supreme Court
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 9 minutes 18 seconds) This is a specially extended article on the recent high-profile Court of Appeal judgment concerning clinical negligence secondary victims. Temple provided ATE insurance for Mr Paul and his family, with Shoosmiths representing them. There is also comment from Phil Barnes at Shoosmiths. […]
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Scottish clinical negligence cases: the importance of detailed and objective risk assessment
By David Stoker, Senior Underwriter (Estimated reading time: 3 minutes 9 seconds) Here at Temple, we share a combined 100 years’ experience of underwriting clinical negligence cases and wanted to share some of that with you. You are the experts, we know that, but we hope to add value to your decision making and save […]
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